Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

Despite widespread publicity about law firms targeted in Internet and email scams that have siphoned five- and six-figure sums out of their bank accounts, some are still falling victim to the schemes. The problem is, legitimate clients do business in much the same way as the scammers, often contacting counsel via the Internet or by email. ABAJournal.com looks into it

Memphis lawyer Jeff Weintraub is a third-generation lawyer who had never been interested in following his dad’s footsteps. "Bless his heart, he never pushed me,” Weintraub tells the Daily News Journal. But now Weintraub is managing partner in the recently opened Memphis office of Fisher & Phillips LLP. His daughter, Betsy, is an associate at the firm, and one of his sons is about to enter his third year of law school. The paper also profiles another multigenerational lawyer, R. Hunter Humphreys Jr., whose father practices law in Memphis, too. People have likely heard of his grandfather. The University of Memphis law school carries his name, Cecil C. Humphreys.

A 6th U.S. Circuit Court of Appeals ruling Thursday assures that Green Party candidates will have a place on Tennessee's November general election ballot in several races. State Election Coordinator Mark Goins said the court ruling came following a request for an expedited ruling on two issues in a lawsuit brought by the Green and Constitution parties challenging the state's ballot access. The News Sentinel has more

A Brentwood dentist is campaigning against the appointment of Samar Ali to work in Tennessee’s economic development office and has drafted a resolution criticizing the governor and making a case that Islam is bent on world domination. A version of the document has been signed by a growing list of county-level Republican executive committees, including the state’s wealthiest and arguably most influential GOP stronghold of Williamson County. In a related issue, federal courts recently intervened in a lawsuit that attempted to keep the Islamic Center of Murfreesboro from opening. First Friday prayers were held today with no incidents, the Daily News Journal reports. “If we don’t protect the individuals down in Rutherford County and their right to worship, then that just diminishes all of our rights,” said U.S. Attorney Jerry Martin. WPLN has the story

A Knox County commissioner is seeking judicial diversion from a misdemeanor indecent exposure charge after authorities allege he was caught in a sexual encounter in a public park. The charge against Jeff Ownby is a minor one, calling for a $50 fine. But his attorney Gregory P. Isaacs is pulling out the stops to avoid any blemish on the record of Ownby, a married father and foster father who represents the 4th District as a Republican. Isaacs maintains that Ownby is a victim of the fallout over disgraced former Knox County Criminal Court Judge Richard Baumgartner, who Isaacs contends has given judicial diversion a bad name and made prosecutors much too wary to grant it. The News Sentinel has the story

A new, discounted, long-term care plan is now available to Tennessee Bar Association members and their families. Long-term care services help you maximize your independence and protect your nest egg. Call Graham Swafford at the Tennessee Bar Center for details at 615-383-7421.

Nashville’s NewsChannel 5 reported this week that federal prosecutors have dropped an investigation into whether former Davidson County Clerk John Arriola cheated on his taxes. The news comes six weeks after Arriola resigned his position to avoid prosecution on state charges that he illegally pocketed almost $120,000 for weddings he performed on taxpayer time.

This summer, Memphis Area Legal Services launched a capital drive under the tagline “We’re All In.” The campaign is part of a multi-pronged strategy that will blanket the city’s lawyers and other legal professionals this year before broadening the message for the public portion of the fundraising effort in 2013. MALS Executive Director Harrison McIver talks to the Memphis Daily News about the campaign.

A broken air conditioner at the Memphis Juvenile Detention Center is forcing officials to move about 50 juvenile offenders to the adult jail. The boys will be housed separate from adults on a lower level with plenty of security, says Juvenile Administrator Rick Powell. WMC-TV Memphis reports

Federal investigators plan to meet with Robertson County school officials this month to discuss allegations of segregation. The meetings come after years of complaints to the U.S. Department of Education’s Office for Civil Rights about a lack of diversity and low test scores within the district’s schools – especially those inside Springfield city limits. In 2011, attorneys with the Departments of Justice and Education met with Springfield residents about these same issues. School officials say they're working to improve diversity and test scores. WTVF News Channel 5 reports

The city of Memphis is now mounting a direct challenge to the state’s voter photo identification law claiming the law adds a qualification beyond what is required in the state constitution. Attorneys for the city filed a motion Tuesday in federal court to amend their original suit, which sought approval for using photo library cards as valid voter identification. The new claim argues that Article 4, Section 1 of the Tennessee Constitution prohibits the imposition of additional qualifications beyond those enumerated: that voters be at least 18 years old, residents of the state and the United States, and registered in the county where the election is held. The Memphis Daily News has more

After more than two years of legal hurdles, the Islamic Center of Murfreesboro received permission this week to move into its new mosque. The 30-day temporary occupancy certificate was issued after the state fire marshal signed off on final inspection. Opponents of the mosque remain adamant that its opening is a violation of local and state law. The Tennessean reports

Marvin Wilson, a Texas man convicted of killing a police informant two decades ago, was executed this week after the U.S. Supreme Court rejected arguments that he was too mentally impaired to face the death penalty. Wilson’s lawyers used a 2004 test that pegged his IQ at 61, below the generally accepted minimum of 70. The Supreme Court outlawed execution of the mentally impaired in 2002, but left it to states to determine what constitutes impairment. According to the Associated Press, Texas chose to incorporate a number of factors besides IQ. The state argued that Wilson’s claim wasn't supported by other assessments. In April 2011, the Tennessee Supreme Court set new standards for defendants in this state.

In related news, the American Bar Association last week filed an amicus brief with the Supreme Court arguing that capital defendants should be entitled to stays in habeas proceedings if they are not competent to aid their lawyers. Read more about that in the ABA Journal

Norman Feaster, an attorney with the Legal Aid Society of Middle Tennessee and the Cumberlands, will be at the Lincoln County Courthouse on Monday morning to meet with victims of domestic violence and other low-income individuals in need of free advice. According to the Elk Valley Times, individuals interested in additional details may contact the Tullahoma office of the Legal Aid Society at (931) 455-7000 or (866) 898-0171.

Mark Clayton, presumptive Democratic nominee for the U.S. Senate, has called on Tennessee Democratic Party Chairman Chip Forrester to resign or be dismissed from his post for refusing to support a party nominee and using party resources to attack “a duly elected nominee.” The Democratic Party has disavowed Clayton and was pursuing options this week for invalidating his primary win and holding a new election. Clayton said that if Forrester is not out of office by Monday, he plans to file a complaint with the Federal Election Commission. The News Sentinel reports

The Tennessee Supreme Court today issued a draft "comprehensive revision" and reorganization of its rule on lawyer registration and discipline. Comments on the 118-page proposal are due Feb. 8, 2013. The TBA Standing Committee on Ethics and Professional Responsibility will review the proposal for the TBA. Download a copy of the proposal

The ABA Task Force on Preservation of the Justice System wrapped up two years of work this week with a presentation of its findings. A survey conducted by the group shows that lawyers face serious challenges in educating the public about the dangers of the current court funding crisis. The survey found that the public does not fully recognize the financial plight facing state courts and does not have great confidence in their state court systems. Pollsters involved with the survey suggested that court supporters focus on messages involving the financial stewardship of the courts, the importance of preserving access to justice and how delayed justice costs victims and taxpayers alike. Read more from the ABA

Rep. Mike Kernell talks with the Memphis Daily News about his 38 years in the House, calling it "a dream job." Kernell lost in last week's primary to fellow Democratic incumbent G.A. Hardaway. “We just flat ran out of money,” Kernell said. The District 93 race was where local election officials first acknowledged voters received incorrect ballots. By some estimates several hundred votes were affected. But with Hardaway's unofficial margin exceeding 1,000 votes, Kernell said he is unlikely to challenge the result.

Davidson County Juvenile Court Judge Betty Adams Green was presented with the juvenile justice conference’s McCain-Abernathy Memorial Award for outstanding service yesterday. In accepting the honor, she reflected on the advancements Tennessee has made in keeping children safe while she has served on the bench. Though she did not take credit for any of the improvements, local observers said her impact could not be overstated. Read more in the Tennessean.